Queensland Judgments
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Schokman v CCIG Investments Pty Ltd[2022] QCA 38

Reported at (2022) 10 QR 310

Schokman v CCIG Investments Pty Ltd[2022] QCA 38

Reported at (2022) 10 QR 310
CITATION: Schokman v CCIG Investments Pty Ltd [2022] QCA 38
JUDGE(S): Fraser JA, McMurdo JA, Mullins JA
DELIVERED ON: 18 March 2022
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Editorial Notes

  • Published Case Name:

    Schokman v CCIG Investments Pty Ltd

  • Shortened Case Name:

    Schokman v CCIG Investments Pty Ltd

  • Reported Citation:

    (2022) 10 QR 310

  • MNC:

    [2022] QCA 38

  • Court:

    QCA

  • Judge(s):

    Fraser JA, McMurdo JA, Mullins JA

  • Date:

    18 Mar 2022

  • Selected for Reporting:

    Editor's Note

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2021] QSC 120 (2021) Aust Torts Reports ¶82-65827 May 2021Trial of plaintiff’s action for damages against defendant employer; in state of semi-consciousness, drunk co-employee urinated on plaintiff in staff accommodation; judgment for employer; argument relating to employer’s duty of care rejected; defendant not vicariously liable for co-employee’s tort as tort not committed in course of employment (applying test in Bazley v Curry [1999] 2 SCR 534 per McLachlin J): Crow J.
Appeal Determined (QCA)[2022] QCA 38 (2022) 10 QR 310; (2022) Aust Torts Reports ¶82-77518 Mar 2022Plaintiff’s appeal from [2021] QSC 120 allowed; judgment below set aside; judgment for plaintiff for damages as assessed; as to co-employee’s negligence, conduct not involuntary and drunkenness irrelevant to standard of care; as to vicarious liability, trial judge erred in applying Bazley v Curry and, following Bugge v Brown (1919) 26 CLR 110, requisite connection between employment and co-employee’s conduct established: McMurdo JA (with whom Fraser and Mullins JJA agreed).
Special Leave Granted (HCA)[2022] HCATrans 15616 Sep 2022-
HCA Transcript[2023] HCATrans 2409 Mar 2023-

Appeal Status

Appeal Determined (QCA) Special Leave Granted (HCA)

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